Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-06-01

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all my life; am acquainted with the gen
eral reputation OF Isaac Nice for truth and
yeraCity in the neighbOrhOod in which he
lives; it is bad; would not believe him on
oath.
Cross eXamined-Said Jas. Newman
summoned him; had heard several persons
talk about Nice; John Moore and Samuel
Wykart said they would not believe Nice
ON oath; heard VIM. Yoke say same thing;
Nice lives in edge of Marshall county;
Nice WAS arrested and brought before me
for stealing mattOcE; found him guilty;
Nice swOre then that he did not steal the
mattock; got wind Of what | was sum-
mOned for; wrote several names dOYn;
was under the impression that l would he
summoned. DE-. Yater also said he would
not believe Nice on oath.
The witness was asked ~ to the num-
Der of people in the neighhOrhOOd. OBJ
jected to by the State. Objection sus-
tanned. Was Justice of the Peace Of
Marshall county; WAS trying the case
when Wykart called me q ID liar.
Hezekiah IOhO testified ~ follows: Live
in Marshall county; have known Isaac Nice
for twenty years; am acquainted with the
general reputation of Isaac Nice for truth
and yerarlty in the neighbOrhood in which
he lives; it is bad; would not believe Nice
on oath.
Cross-examined by DOyener: Col.
Arnett told me this morning that | would
have to speak from what the neighbors
said when testilying rs to general reputa-
ton; several Of us Were present at the
time; We were all witnesses ON impeach-
ment.
Henry YOho was next introduced and
testified rs follows: Live in Franklin
district, Wetzel county, near the Wetzel
county line; known Isaac Nice for twelve
years; his reputation is bad; would not be
lieye him under oath.
Cross-examined by DOyener: Do not
know anything of Nice personally.
JnO. McHenry was introduced and tes-
titled substantially the same ~ the other
witnesses us 10 the general reputation OF
IsLa" Nice.
Cross examined by DOyener: Am a
cousin of John Newman; heard Edwin
Wiley say he would not believe Nice ON
oath; Wiley is my brother-in-law; do not
remember of hearing anyone else say that
they would believe him ON oath.
AFTERNOON.
Frank Yoho was next introduced and
testified the same ~ the former witness aS
To the general reputation of Isaac Nice, and
that he would not believe him ON oath;
lived in the neighbOrhOOd of Nice; had
known him for sixteen or seventeen years.
Cross examined ed-Lived within one ami
a half miles OF Nice fhr twenty years.
Henry Garner testified that he had
known John Newman from Ncwman's 5
youth; that his character WAS Sood.
CrosS-exammed-SLld he heard about
Newman shooting Charles Smith; was WIT
ness for John Newman when tried Tor
shooting Smith.
Cyrus Parsons said no lived in Proctor
district. about two miles from Newman;
am acquainted with the general reputation
of John Newman; its good.
Cross-examined: not so good since the
lrouble with ChaS. Smith. Court here
announced its decision on the motion oi
the defense yesterday To strike out tue
evidence of Mrs. Baxter aud Miss HAN
evidence as to what Newman said to
them about shooting other persons, defense
excepted.
THE DEPENDENT TESrIFIEs.
The defendant was put on the stand, and
testified that he had lived mt Proctor all
his life; WAS twenty-Dine years old; mar
ried: live about fifty yards from my
rthrr's: live oil the public highway; live
ON ridge; been keeping house where ! no"
i've for more than four years; was llVlnH
,bers last summer aud fall; was on place
saturday before October 81 last; my wife
uent over to Parsons Saturday afternoon;
ate simmer Saturday ut iather $,
sIent al home that night; eat breakfast ana
dinner at fathers that day; was looking
alrer a horse on the place IN the forenoon
my wife came home in the evening" mother
and myself were milking when my vile
carns. carried the milk down home; my
wife mt it away and set us lnnChi We
vent M TO fathers that evening; was u,
f,tber's until abOnt halt past seven; heard
the ringing of u bell before ! lelt iather )
s,tbar noticed il first and called our atten'
zion IN II | went out then and came back
-. - aonnded in the direction OF Jacol
p,,xtsr's. nv mother and wife went out
tban. was not ut fathers very long altel
ws heard the bell ringing; went back nome
aud GOT there eighteen minutes oil elgn'
o,,JocL. the reason I remember u
S,os that I WAS winding the clock anc
noticed that the minute hand was JuSt P''s
the hole when l wound the clock; WAS vi
two or three times during the night; hear'
tbs DOG barking; did not hear any ont
| lin, mast nv house that night was OIL
nIaca ali day Sunday and Sunday night
-, bonse il lower than fathers; got gur
fror, Spter. took it home along the puDii'
nno5 ON horse hack; heard Slender
ISbsrifTI , testimony; the gun was near the
| I'D when Slender came; was about thif'S
| ,,ards from my house when Stender eSlhe
This was in the afternoon; the Sherlii wen
| 5o,,,, home with me and | changed clothes
| AL not change boots; i handed INN th'
Cnn. we went over to Baxter S IN . ouggy
Sheriff and /; Sheriff said he han Deen re
onested to bring gun over "nic9
bad cot from Thomas Suter; utt
not not object to giving him the gun
,Sas not well on Friday nor Saturday; wa
not working much; was still worse on sun
To-. sickness prevented me from golnt
uy, -:., from home; had bowel complaint
"a ;ntended to 90 over to James Parson
L-oanse of sickness; heard Isaac Nice
testimony; never had such a conversation
.~;tb him as he related on the wltnes
stand. % knew Missouri Hall; heard he
ev;Jsnce: never had such conversation a
Sbs reIated, at my SISTERS went to m!
%h-other-in-law, % Zach Lemons to help hin
thTssb and TO geS some wheat; saw m.
annt Mrs. Baxter near Newdale on m!
way home; she asked me how mother was
Sog mother was standing the troubl
aTo,t % losing the wheat; Aunt Betty SAT-
tbot n CbsySie Smith burnt our whea
that he did not get hall enough
referring to the shooting heard
said to aunt that some one had Dee